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UNITED STATES v. BARRINGTON

No. 399, Docket 26802.

291 F.2d 481 (1961)

UNITED STATES of America, Appellee, v. Walker BARRINGTON, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 21, 1961.

Attorney(s) appearing for the Case

David P. Bicks, Asst. U. S. Atty., Southern District of New York, New York City (Robert M. Morgenthau, U. S. Atty., Southern District of New York, and David R. Hyde, Asst. U. S. Atty., New York City, on the brief), for appellee.

Theodore Krieger, New York City (Louis L. Moses and Albert J. Krieger, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and GOODRICH and FRIENDLY, Circuit Judges.

PER CURIAM.

Walker Barrington appeals his conviction for concealment and transportation of nearly a kilo of pure heroin, in violation of 21 U.S.C. § 174. The defendant seeks reversal claiming that the government did not prove that he knew that the packages involved contained narcotics or that he possessed the narcotics within the meaning of the second paragraph of § 174 which creates a presumption that possessors have knowledge that the narcotics were illegally...

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